6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly to work by Dr. Huang, as indicated in the certificate of diagnosis, dated January 21, 2010. The respondents pointed out that the medical assessment of Dr. Runas was insignificant because his medical diagnosis was not referred to a third doctor, which was required under the POEA Standard Employment Contract (POEA-SEC). They also underscored that the MOA was valid as there was a reasonable consideration of NT$40,000.00 in addition to the monthly salary received by De Andres while he was under medical treatment in Taiwan. Reply of Petitioner In his Reply,[18] De Andres stressed that it was the respondents' primary responsibility to immediately repatriate him when he sustained a severe injury. He opined that the evil sought to be avoided by the reportorial requirement did not exist in his case because the respondents were fully aware of his medical condition while he was in Taiwan. De Andres reiterated that the MOA was an invalid quitclaim because it did not provide for a reasonable compensation and it was not signed in front of a MECO official. The Court's Ruling The petition is meritorious. The present controversy involves the claim of permanent and total disability benefits of a seafarer. De Andres avers that he reported on time to the respondents with respect to his disability claims upon repatriation but they refused to acknowledge his claim and failed to subject him to medical examination. On the other hand, the respondents counter that it was De Andres who neglected to submit himself to the post-medical examination through the company-designated physician. As this case involves the reportorial requirement under the POEA-SEC, the said requirement must be scrutinized. Compliance with the reportorial requirement; Exceptions Section 20 (B) (3) of the 2000 Amended POEA Standard Terms and Conditions Governing the Employment of Filipino Seafarers On-Board Ocean-Going Vessels (Section 20 (B) (3)), which was incorporated in the POEA-SEC, lays down the procedure to be followed by a seafarer in claiming disability benefits, to wit: COMPENSATION AND BENEFITS FOR INJURY OR ILLNESS The liabilities of the employer when the seafarer suffers work-related injury or illness during the term of his contract are as follows: xxxx 3. Upon sign-off from the vessel for medical treatment, the seafarer is entitled to sickness allowance equivalent to his basic wage until he is declared fit to work or the degree of permanent disability has been assessed by the company-designated physician but in no case shall this period exceed one hundred twenty (120) days. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/63281 6/15

Select target paragraph3